Ivana Bacik (Independent)

I will add to Senator Regan's comments. Given the wording of section 11 as a whole, a difficulty arises with the use of the word "modify" in subsection (1). I accept Senator Regan's statement to the effect that his amendment No. 31 is closely linked with amendment No. 30. In respect of the provision generally, however, the Minister has given different legislation as a precedent for the formula, in particular the use of the word "modify", namely, the British-Irish Agreement Act 1999. Clearly, it is not a criminal statute whereas the Fines Bill would be. In this instance, the Attorney General would probably urge caution in the use of any powers to provide for principles through secondary legislation, as doing so would be problematic. The phrase "modify any provision of this Part" in section 11(1) is problematic. Replacing it with the term "give effect to any provision of this Part" or "clarify any provision of this Part" might be preferable. Will the Minister consider this suggestion? Section 11(1) would not seem as problematic as it currently might do.